State of Odisha Vs Orient Constructions Pvt. Ltd., Sambalpur

Present CMP is directed against order dated 26^th March 2025 of learned Executing Court i.e. Civil Judge (Senior Division), Sambalpur passed in Execution Case No.25 of 2013, wherein the office of the Petitioners has been attached vide order dated 7^th March 2025 was refused to be recalled.

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The Opposite Party is the decree holder and the decretal amount is Rs.74,16,118/- along with interest pendent lite & future. Present Petitioners are the judgment debtors. Challenging the decree dated 8^th May 2015 (Annexure-4), RFA No.109 of 2022 (RFA No.81 of 2013) has been filed, which is pending adjudication till date. During pendency of the first appeal an interim order was passed on 2^nd

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Signature Not Verified

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Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 15-Sep-2025 18:18:53

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February 2015 staying the execution case subject to deposit of Rs.38,00,000/- by the JDR and said amount was deposited by the JDR on 8^th May 2015. Thereafter, applying the proposition in the case of Asian Resurfacing of Road Agency Pvt.Ltd. vs. Central Bureau of Investigation, (2018) 16 SCC 299 the Trial Court proceeded in the execution case on the assumption that the interim order of stay has been vacated, resulting passing of present impugned order dated 7^th March 2025 and 26^th March 2025. It is true that the direction contained in Asian Resurfacing of Road Agency Pvt.Ltd (supra) has been modified in High Court Bar Associations, Allahabad vs. State of U.P. & Ors. in Criminal Appeal No.3589 of 2023, decided on 29^th February 2024. Nevertheless, the JDR did not oppose the proceeding in execution case, rather participated before the Executing Court. But upon passing of the order of attachment on 7^th March 2025 and failing in their attempt to recall said order they approach this Court in present CMP.

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In the circumstances, it is submitted that unless the attachment order dated 7^th March 2025 is vacated pending the first appeal, RFA No.109 of 2022 will be infructuous. The Opposite Party answers that since the decretal dues is pending on the JDR and they have deposited the amount of Rs.38,00,000/- before the Executing Court, the same may be released in their favour without any prejudice to the contentions of the parties.

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When it is admitted that the first appeal challenging the decree is pending adjudication till date, the order of attachment issued by the Executing Court attaching the office of the JDR to realize the decretal amount needs to be vacated in the interest of justice, otherwise the

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Page 2 of 3

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Signature Not Verified

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Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 15-Sep-2025 18:18:53

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adjudication in the pending RFA would be frustrated. As such, the order of attachment dated 7^th March 2025 is stayed with further direction to release the attached property to the JDR till disposal of RFA No.109 of 2022 pending before the learned District Judge, Sambalpur and in the meantime, the amount of Rs.38,00,000/(Rupees Thirty eight lakhs only) as deposited by the JDR on 8^th May 2015 may be released in favour of the DHR subject to furnishing indemnity bond by him without prejudice to the contentions of the parties in the RFA.

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With aforesaid observations and directions, the CMP is disposed of with further direction that the Execution Case No. 25 of 2013 pending before learned Civil Judge (Senior Division), Sambalpur shall remain stayed till disposal of RFA No. 109 of 2022. It is further observed that learned District Judge, Sambalpur may do well to dispose of RFA No.109 of 2022 as expeditiously as possible.

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An urgent certified copy of this order be granted on proper application.

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( B.P. Routray) Judge

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S.Das

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State of Odisha v. Orient Constructions Pvt. Ltd., Sambalpur

Case brief

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State of Odisha v. Orient Constructions Pvt. Ltd., Sambalpur

Case brief

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